LAW 529 Chapter Notes - Chapter 2: Protected Group, Fide, Social Insurance

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A rule or qualification that has a negative effect on a protected group is discriminatory, and thus illegal, unless er can demonstrate it is a bfoq. To establish this, the employer must show that it was impossible to accommodate the individual or group without creating undue hardship for itself. Er does not have to show that accommodation itself is impossible but rather that it is impossible to accommodate the individual/group without undue hardship (hydro-quebec case) Recognizes equal and inalienable rights of all members of the human family and provides for equal rights and opportunities without discrimination to create a climate of understanding and mutual respect. Remedial legislation: it exists to right a societal wrong and give the affected person or group a remedy, not to allocate blame or punish an offender. Code is quasi-constitutional law = there is a conflict b/w the code and the.

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